For email marketing, repeated regulatory change is of concern. Change for no reason increases costs for no purpose. Many of us must have viewed the recent announcement of probable alterations to cookie law with trepidation, especially as the press release was phrased in imprecise terms. ‘Common-sense’ is often used to mean ‘without evidence’.
The government said, and repeated a few days later, that the change was aimed at helping SMEs, and most of us must be of the opinion that one size does not fit all in the case of cookie law. Does this mean dual or multiple level legislation? We can hope so. We need to remember that there have been worrying slips from cup to lip in the past.
The Government has asked for feedback from businesses, which appears, on the face of it, to be a good thing. There’s the ever-present danger of it ending up as little more than a wish sent in by email marketing companies, and this isn’t helped by the lack of direction in the consultation document. It states that the protection of consumer’s personal data will remain ‘at the heart’ of any changes, which again lacks precision.
There are some specifics mentioned though, particularly clarification of ‘legitimate interest’ in order to end the inherent ambiguity of that phrase. Many companies, including SMEs, have taken to ignoring it due to the risks. Making legislation clearer is what we all need in email marketing.
Problems with cookie law appears to be the generator of the concern, and it is hinted that some cookies will be allowed, while others would be banned. It is emphasised that maintaining the EU-UK data adequacy agreement is critical for the UK.
Some have mentioned fear of relaxing rules on, amongst others, political advertising. Many feel that these rules are already inadequate. However, there are plans of tougher penalties, including heavy fines, for nuisance calls, texts, and emails which will have many supporters, particularly in email marketing. So a positive.
It would have been helpful if the government used more precise terms, but that is not their way. The consultation closes on 19 November 2021. See:
